|Volume Number: 29
|Opinion Issued October 8, 2010|
|ROBERT RAY HAINES|
|DIVISION OF HIGHWAYS|
Claimant appeared pro se.
C. Brian Matko, Attorney at Law, for Respondent.
| PER CURIAM:
This claim was submitted to the Court for decision upon a Stipulation entered into by Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
1. On September 15, 2010, Claimant’s 2008 Chevrolet Cobalt was sprayed with tar while traveling on WV Route 28 in Springfield, Hampshire County.
2. Respondent is responsible for and was maintaining WV Route 28 which it did negligently on the date of this incident.
3. As a result, Claimant’s vehicle sustained paint damage in the amount of $155.19.
4. Respondent agrees that the amount of $155.19 for the damages put forth by the Claimant is fair and reasonable.
The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of WV Route 28 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for his loss.
It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $155.19 on this claim.
Award of $155.19.